LAW GIVES PROTECTION TO TENANTS WHO ARE THE VICTIMS OF VIOLENCE

This rental advice column is by Alan Pentico, executive director of the San Diego County Apartment Association.

Residents and landlords might not realize California law says that lease agreements may be terminated early on grounds of domestic violence, sexual assault or stalking. While no one wants or expects to end up in this type of situation, studies show domestic violence affects one in every three households in every community.

California law prohibits tenants from being evicted because they have reported domestic abuse. The law seeks to protect the rights of the landowner while trying to ensure the safety of domestic violence victims.

Residents pursuing early termination must have a written report by a police officer stating the tenant is a victim of domestic violence, sexual assault or stalking. A copy of a temporary restraining order or emergency protective order, issued within the last 180 days, also may be used as grounds to end a lease. Effective Jan. 1, victims of elder abuse or abuse of a dependent adult also are covered by this law.

Tenants are still responsible for paying 30 days’ rent after the notice to terminate. If the perpetrator is not a tenant in the same unit, a landlord must change a victim’s locks within 24 hours after a victim makes a request and provides a restraining order or police report documenting domestic violence, sexual assault or stalking.

If the victim allows the person against whom the protection has been issued to enter their unit, the notice to terminate is invalidated.

Safe and dependable housing is critical for victims of domestic violence or sexual assault. It’s important tenants and landlords understand the law and their options.